ARCHIVED — Vol. 147, No. 7 — March 27, 2013

Registration

SOR/2013-42 March 8, 2013

CANADA MARINE ACT

Regulations Amending the Port Authorities Operations Regulations

P.C. 2013-274 March 7, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 62(1) (see footnote a) of the Canada Marine Act (see footnote b), makes the annexed Regulations Amending the Port Authorities Operations Regulations.

REGULATIONS AMENDING THE PORT AUTHORITIES OPERATIONS REGULATIONS

AMENDMENTS

1. Paragraph 27(1)(b) of the French version of the Port Authorities Operations Regulations (see footnote 1) is replaced by the following:

  • b) la mention « X » figure à la colonne 2 et la personne ou l’une quelconque des personnes qui seraient visées dans l’autorisation n’est pas en mesure de respecter les conditions affichées ou indiquées sur des formulaires pour l’exercice de l’activité en vertu de l’article 25.

2. Paragraph 31(1)(c) of the French version of the Regulations is replaced by the following:

  • c) la personne ou l’une quelconque des personnes visées dans une autorisation ne respecte pas les conditions rattachées à l’autorisation;

3. Schedule 1 to the Regulations is amended by adding the following after Part 6:

PART 6.1
OSHAWA PORT






Item

Column 1




Activity

Column 2

Authorization by posted signs or forms
(section 25)

Column 3


Authorization
to a person (section 27)

Column 4



Prohibited (section 6)

1.

conducting a diving operation

 

X

 

2.

carrying out hot work

 

X

 

3.

conducting salvage operations

 

X

 

4.

placing, storing, handling or transporting dangerous goods, industrial waste or pollutants

 

X

 

5.

bunkering or fuelling

 

X

 

6.

releasing or transhipping refuse or other similar material or substance

 

X

 

7.

carrying out

(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between ships

(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transfer

 

X

 

8.

conducting a dredging operation

 

X

 

9.

excavating or removing any material or substance

 

X

 

10.

setting off a flare or other signalling device

 

X

 

11.

placing or operating a light or day marker

 

X

 

12.

placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign

 

X

 

13.

casting adrift a ship, log or other object

   

X

14.

bringing railway rolling stock onto the property managed, held or occupied by the port authority

 

X

 

15.

building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water

 

X

 

16.

fishing

(a) in a designated area under a scientific permit issued by the Department of Fisheries and Oceans

(b) in a designated area without a scientific permit issued by the Department of Fisheries and Oceans

(c) anywhere else

X

X

 

17.

conducting a race, regatta, trial, demonstration, organized event or similar activity

 

X

 

18.

causing a fire or explosion, conducting blasting or setting off fireworks

   

X

19.

placing a placard, bill, sign or device

 

X

 

20.

selling or offering for sale goods or services

 

X

 

21.

distributing circulars, leaflets or advertising materials

 

X

 

22.

engaging in any form of solicitation

 

X

 

23.

engaging in any type of recreational water activity

(a) in a navigation channel or in the vicinity of a commercial dock

(b) anywhere else

X

   

24.

venturing out onto ice

   

X

25.

travelling at a reduced rate of speed so as to not cause damage by bow-wave or wash to other crafts, tows, wharfs or structures or to any work or person

X

   

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

This regulatory amendment is part of transition measures resulting from the establishment of the former Oshawa Harbour Commission as a Canada Port Authority. While the port was a harbour commission, its safe and orderly operation was regulated by the Harbour Commissions Act and the associated Regulations, the Oshawa Harbour Commission By-laws. A transition measure in the Canada Marine Act (the Act) allows these By-laws to remain in effect for 12 months following the establishment of the Oshawa Port Authority.

As a Canada Port Authority, the port’s safe and orderly operation is regulated by the Act and associated regulationsin line with all other Canada Port Authorities.

Housekeeping amendments to paragraph 27(1)(b) and paragraph 31(1)(c) of the Port Authorities Operations Regulations (the Regulations) are also included to ensure that the English and French versions are consistent with one another.

Background

In January 2012, the Oshawa Harbour Commission was established as a Canada Port Authority, under subsection 10(1) of the Act.

The Act gives Canada Port Authorities the general duty to take appropriate measures for the maintenance of order and the safety of persons and property at their ports, and powers to control ship traffic for the purposes of promoting safe and efficient navigation and environmental protection. The Regulations provide a framework within which these duties and powers are to be carried out. In particular, they set up a scheme that enables the port authorities to authorize certain activities in respect of the navigable waters, and the works and activities on properties managed, held, or occupied by the port.

In addition, the amendments will make linguistic changes to paragraph 27(1)(b) and paragraph 31(1)(c) to make the French and English versions consistent.

Objectives

This regulatory amendment will enable the Oshawa Port Authority to carry out its duty to maintain the safe and orderly operation of the port.

Housekeeping amendments will make the French and English versions of paragraph 27(1)(b) and paragraph 31(1)(c) of the Regulations consistent with one another.

Description

The port’s authorities and requirements relating to the safe and orderly operation of the port were implemented under the Harbour Commissions Act and the Oshawa Harbour Commission By-laws. The amendment to the Regulations does not change the requirements concerning the safe and orderly operation of the port but will change the instrument under which these authorities are exercised.

Schedule 1 of the Regulations contains lists of port activities that are either prohibited or require special authority to carry out. There is a separate list of activities for each Canada Port Authority.

The amendment to the Regulations adds a new part to Schedule 1 and contains the activity list for the Oshawa Port Authority, indicates whether an activity is prohibited or permitted, and, if permitted, determines how authorization is provided.

As well, housekeeping amendments are included to respond to the recommendation of the Standing Joint Committee for the Scrutiny of Regulations concerning paragraph 27(1)(b) and paragraph 31(1)(c) of the Regulations. The changes will make the versions equivalent in both official languages by changing the French text to make it clear that the provisions apply to any person who “is unable to comply with the conditions” (section 27) or if “any person covered by an authorization fails to comply with a condition of the authorization” (section 31). The current French version applies only where all persons covered by an authorization are unable to comply or fail to comply with the conditions.

Consultation

Transport Canada consulted the management of the Oshawa Port Authority in August 2012 with respect to the proposed amendment to Schedule 1 of the Regulations which resulted in the proposed activities list for the port. The proposed amendments to add the activities list for the Oshawa Port Authority to the Schedule of the Regulations were published in the Canada Gazette, Part I, on December 22, 2012, followed by a 30-day public comment period. No comments were received.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

No incremental cost to small business is expected as the regulatory amendments change the instrument through which the Oshawa Port Authority exercises its authority to maintain the safe and orderly operation of the port, and make the English and French versions consistent with one another in certain sections of the Regulations.

Rationale

The regulatory amendment changes the instrument under which the port’s authorities are exercised.

The status quo is not an option as the Oshawa Port Authority must adhere to the same legal regime as all other Canada Port Authorities. Including the Oshawa Port Authority in the Regulations subjects the port to a nationally established standard for safety and order at Canada Port Authorities and allows the port to discharge its duties to meet this standard.

In order to maintain accuracy and consistency in regulations concerning Canada Port Authorities, rectifying the linguistic issues identified by the Standing Joint Committee for the Scrutiny of Regulations in paragraph 27(1)(b) and paragraph 31(1)(c) is necessary.

Implementation, enforcement and service standards

There are no additional requirements related to the implementation of the regulatory amendment. The Minister of Transport has designated port employees as enforcement officers with respect to Canada Port Authorities and the Act, including the Regulations. Part 4 of the Act provides enforcement officers with powers of inspection, search and seizure, detention and removal of ships and the sale and removal of goods.

Section 127 of the Act provides that a person that contravenes regulations under the Act for which no penalty is otherwise provided is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual and of not more than $50,000 in the case of a corporation. It further provides, however, that no person shall be found guilty of such an offence if the person establishes that the person exercised due diligence to prevent its commission.

In addition, section 128 of the Act provides that when an offence under this Act is committed by a person on more than one day or is continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Contact

Tim Meisner
Director General
Marine Policy
Transport Canada
Place de Ville, Tower C, 25th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Fax: 613-998-1845
Email: OPAregulations-APOreglements@tc.gc.ca